German law distinguishes between maintenance during separation (Trennungsunterhalt) and maintenance after divorce (nachehelicher Unterhalt). The difference is important: during separation, the marriage still exists and the lower-earning spouse is protected. After divorce, the principle of personal responsibility applies.
Child support is separate and always takes priority. See child support.
Maintenance During Separation
From the day of separation until the divorce is final, the spouse with the lower income can claim maintenance. The aim is to maintain the standard of living during the marriage. In the first year of separation, the lower-earning spouse is not usually expected to take up or extend work if they did not work before.
Calculation. The courts use the adjusted net incomes of both spouses. Employed spouses keep a work bonus, which is why the claim is usually 3/7 or 45 percent of the difference, depending on the regional guidelines. Child support is deducted first.
Example. Adjusted net income of spouse A €4,500, spouse B €1,700. Difference €2,800. Maintenance at 3/7 is about €1,200 per month.
Maintenance After Divorce
After divorce, each spouse must generally support themselves. Maintenance is only owed for one of these reasons:
- Childcare. For caring for a child, at least until the child's third birthday, longer if childcare is not available or the child needs special care.
- Age. If work can no longer be expected because of age.
- Illness or disability.
- Unemployment. If the spouse cannot find suitable work despite efforts.
- Top-up. If the income from suitable work is not enough to maintain the marital standard of living.
- Education. To complete training interrupted by the marriage.
Limitation in Time and Amount
Courts can limit post-divorce maintenance in time or reduce it, especially if the spouse has no lasting career disadvantages caused by the marriage. Long marriages and career breaks for children make longer maintenance more likely.
Waiver and Agreements
- During separation, maintenance cannot be waived for the future.
- After divorce, maintenance can be waived or limited in a marriage contract or a divorce agreement. Waivers that place one spouse at an unreasonable disadvantage, for example a waiver of childcare maintenance, can be invalid. See prenuptial agreements.
Points for Expats
- Applicable law. Maintenance between spouses is usually governed by the law of the country where the person claiming it lives. Spouses can choose the applicable law.
- Enforcement abroad. Maintenance decisions can be enforced in all EU countries and in many other countries under international agreements.
Frequently Asked Questions
Do I have to work during the separation year?
In the first year, usually not, if you did not work during the marriage. After that, you are increasingly expected to work.
Does maintenance end if I remarry?
Yes. Post-divorce maintenance ends when the recipient remarries. A new stable relationship can also reduce or end it.
Is maintenance taxed?
The paying spouse can deduct maintenance up to a limit if the recipient agrees, and the recipient then pays tax on it.
